The following terms and conditions (hereinafter, the “Terms” or “Rules”) regulate the rules for participating in the “#XiaomiLivingFrames” (hereinafter the “Activity”) which is organized by Beijing Xiaomi Mobile Software Co., Ltd, with its registered office at: No.018, Floor 8, Building 6, Yard 33, Middle Xierqi Road, Haidian District, Beijing, China, 100085, and ID Registration number: 91110108551385082Q (hereinafter, the "Organizer").
Participation is voluntary and free of charge, except for internet costs or any other connection costs. If you have any questions about this Activity, please write to the following email address: xiaomisocialmedia@xiaomi.com (hereinafter the “Activity Contact”).
By participating in the Activity, you are hereby accepting (i) the Activity’s present Rules as well as (ii) Xiaomi’s Terms of Use and Privacy Policy https://privacy.mi.com/all/languages/.
(i) The Participants fully understand and acknowledge that the external social media platforms used in connection with the Activity - including but not limited to Xiaomi Global Community, TikTok, Instagram, Facebook, X (formerly known as Twitter) and YouTube - DO NOT SPONSOR, ENDORSE OR ADMINISTER THIS ACTIVITY AND THAT THEY SHOULD NOT BE ASSOCIATED WITH THE ORGANIZATION AND MANAGEMENT OF THE ACTIVITY IN ANY WAY.
(ii) In addition, Participants acknowledge and hereby accept that the applicable terms of use and privacy policies of the above-mentioned external social media platform and/or as any third party associated with the Activity shall also apply, in addition to the present Terms and policies.
In order to participate in the Activity, the Participant must have the legal age of the Territory from which he/she participates and have the legal capacity according to the applicable laws of its place of residence. (Hereinafter the “Participant(s)” or “You”). Upon the Organizer’s request, Participant must be able to demonstrate at any time and, within a reasonable period, that he/she meets the necessary above-mentioned conditions to participate in the Activity. Where Inaccurate or erroneous data are provided by the Participant, the Organizer reserves the right to reject or disqualify the Participant from the Activity without giving any reasons or notice.
The duration of this Activity is from 18:00 [GMT+8] November 5, 2024 to 23:59 [GMT+8] November 11, 2024
5.1 General
This Activity is a photo sharing activity where Participants are invited to upload photos (hereinafter, the "Entries"). The Submission Period of photos is from 18:00 [GMT+8] November 5, 2024 to 23:59 [GMT+8] November 11, 2024 (hereinafter, the "Submission Period"). The Participants need to successfully upload the photos on Xiaomi Global Community (https://new.c.mi.com/global)
5.2 Eligible Entries
The Organizer shall have the right to reject:
(i) Participants whose data are false or incomplete;
(ii) Participants who contravene the applicable regulations;
(iii) Participants whose Content is not original or infringe the intellectual property of third parties.
5.3 Entry(s) Selection Mechanism
The Winner's selection will be based on the following criteria:
entry(s) meet the requirements stated in 5.2;
entry(s) shall be creative and unique;
entry(s) shall be clear with high image qualities and based on technical criteria standards (color; composition; lightning; focus; exposure; emotion).
Users may submit as many entries as they like, but the organizer will only consider the entries that fulfill the Activity's requirements. REWARDS
The official selection of the best outstanding works that fulfill the Activity's requirements will receive:
A provisional list of selected participants' names will be published in a video montage.
The selected entry(s) will be used by the Organizers as part of a short video montage. The organizer reserves the right to publish and display the selected works on Xiaomi Global social media community platforms, including Xiaomi Global Facebook, X (formerly known as Twitter), TikTok, Instagram, YouTube, and Xiaomi Global Community Platform.
The Reward of #XiaomiLivingFrames virtual icon frame or virtual badge will be distributed by the Organizer within thirty (30) days following the video montage first publishing date on any of the aforementioned Xiaomi platforms.
ASSIGNMENT OF PARTICIPANTS INTELLECTUAL PROPERTY RIGHTS
BY PARTICIPATING IN THE ACTIVITY, PARTICIPANTS AUTHORIZE THE ORGANIZER (WHICH EXPRESSION SHALL BE UNDERSTOOD AS INCLUDING XIAOMI GROUP COMPANIES, PARENT COMPANIES OR SUBSIDIARIES, AFFILIATES, SUCCESSORS AND ASSIGNS) AND ITS AFFILIATED PARTNERS, TO EXPLOIT, COMMERCIALIZE AND MAKE AVAILABLE TO THE PUBLIC – ALL WITHIN THE STATUTORY LIMITS - DIRECTLY OR THROUGH ITS WEB AND/OR ITS SOCIAL NETWORKS, THE PHOTO(S) CREATED IN CONNECTION WITH THE ACTIVITY AND USE THE PHOTO(S) FOR COMMERCIAL AND/OR ADVERTISING PURPOSES.
THE AFORE-MENTIONED AUTHORIZATION IS GRANTED ON AN EXCLUSIVE AND IRREVOCABLE BASIS; IN THE BROADEST POSSIBLE FORM IN LAW; WITHOUT ANY FORM OF REMUNERATION/COMPENSATION; FOR THE WHOLE WORLD; FOR THE WHOLE LEGAL LIFE OF THE RIGHTS UP TO THEIR PASSAGE INTO THE PUBLIC DOMAIN;WITH THE CAPACITY TO ASSIGN TO THIRD PARTIES. THIS AUTHORIZATION WILL ALSO COVER ALL EXPLOITATION RIGHTS, INCLUDING THE RIGHTS OF DISCLOSURE AND PUBLICATION, FIXATION, REPRODUCTION, DISTRIBUTION, PUBLIC COMMUNICATION AND MAKING AVAILABLE TO THE PUBLIC, THE RIGHT OF TRANSFORMATION AND COLLECTION RIGHT THAT MAY CORRESPOND TO THE PHOTO(S) OR THE WORK DERIVED FROM IT, AS WELL AS INDUSTRIAL PROPERTY RIGHTS AND ANY OTHER RIGHTS THAT MAY BE DERIVED FROM THE PHOTO(S) AND/OR ITS ELEMENTS.
Participants in the Activity agree to provide their respective Organizer with the collection of necessary personal data.
These data shall be collected and processed by the Organizer to ensure the proper organization and management of the Activity i.e. delivery of any physical rewards, of the need arises.
The Organizer and its affiliated partner respect the Participant’s privacy and undertake to protect it in accordance with their respective privacy policies and the applicable laws.
Personal data will be kept for the time necessary to guarantee the Participant with the exercise of their rights and actions in relation to the Activity.
By entering the Activity, you hereby consent that the above Personal data will be collected by us. We will collect, use, disclose, process and protect your personal information according to our privacy policy.
Ultimately, we want the best for all our Participants. If you have any concerns about our data management practice outlined in this Privacy Policy, please contact https://privacy.mi.com/support/?locale=en to submit your concerns. We will be happy to resolve your concerns directly.
10.1 ORGANIZER’S REPRESENTATION Unless otherwise expressly stated in this term, Organizer and its affiliated or third-party Organizers provide the Activity on best effort basis only and exclude all warranties and conditions of any kind whether expressly or implied. In particular but without limitation, Organizer and its affiliated or third-party Organizers do not warrant or represent that:
(i) The Activity is fit for any purpose or meet Participant requirements or is provided without any errors or deficiencies or that the Activity in compliance with any quality levels, as the case may be;
(ii) The Activity is available to Participant at any time and provided to Participant without disruption, interruption or delay;
(iii) Any information (whether oral or written) obtained by Participant from Organizer or as a result of Participant taking part in the Activity (including any materials or products) will be suitable, accurate, complete, or reliable; and
(iv) That any deficiencies in the Activity, including any defects in performance, operation or functionality of the Activity will be fixed, corrected or otherwise remedied.
10.2 ORGANIZER’S LIABILITY
Organizer is not liable to Participant, regardless of the legal grounds, in particular whether in contract, tort (including negligence) or any theory of liability, in or out of the connection with the participation in the Activity for:
(i) Any indirect, incidental, special or consequential damages;
(ii) Any loss of income, business, actual or anticipated profits, opportunity, goodwill or reputation (whether direct or indirect);
(iii) Any damage to and/or corruption or loss of data (whether direct or indirect);
(iv) Any changes, modifications, extensions or limitations (including any suspension of Participant) in the Activity;
(v) Access to Participant account and account data or Participant registration data taking part of the Activity, or any permanent or temporary cessation in the terms or conditions of the Activity (or any part of them).
In the term that Organizer is liable for a breach of these terms, Organizer liability shall be limited to damages which Organizer must typically expect at the time of the conclusion of these Terms due to the circumstances known at the time. Notwithstanding the above, such damages shall not be higher than 100 euros (or equivalent local currency).
Nothing in these Terms shall exclude or limit Organizer:
a) Liability for death, personal injury or fraud or in accordance with any product liability act; and
b) Warranty or liability for damages or losses which may not be lawfully excluded or limited by applicable law. If the laws in the Participant jurisdiction do not allow the exclusion of certain warranties, terms or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages, only the limitations which are lawful in that jurisdiction will apply to the Participant and Organizer’s liability and warranty will be limited to the maximum extent permitted by applicable law.
10.3 PARTICIPANT’S LIABILITY
Participant is entirely responsible for any breach of the obligations under:
(i) These Terms; and
(ii) Any applicable law or regulation in the relevant jurisdictions, including the jurisdiction where you are a resident or from where you are participating in the Activity.
(iii) And for the consequences of any such breach, including any loss or damage which Organizer or any third-party may incur or suffer. Organizer will have no responsibility to Participant or to any third party in respect of such breach.
Participation in the Activity will be governed by the Terms, which will be interpreted and applied in accordance with the laws of the Organizer. The Participant has the option of filing claims at a competent court in the country in which the organizer is resident.
Not available in this area.